2025:KER:29173 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 20337 OF 2024 PETITIONERS: 1 SHEELA FRANCIS PARAKKAL AGED 64 YEARS W/O LATE FRANCIS PARAKKAL, PARAKKAL HOUSE, ASSISILANE, ALUVA ERNAKULAM, PIN - 683101 2 DEEPAK FRANCIS PARAKKAL AGED 47 YEARS S/O LATE FRANCIS PARAKKAL, PARAKKAL (H), ASSISSILANE, ALUVA, ERNAKULAM, PIN - 683101 3 RUPAK FRANCIS PARAKKAL AGED 44 YEARS S/O LATE FRANCIS PARAKKAL 2C, NOEL ECOTAT, VALLATHOL JUNCTION TRIKKAKKARA, ERNAKULAM, PIN - 682021 BY ADVS. PRAVEEN K. JOY T.A.JOY E.S.SANEEJ M.P.UNNIKRISHNAN N.ABHILASH DEEPU RAJAGOPAL FATHIMA SHALU S. ALBIN VARGHESE ABISHA.E.R MEGHA G. RESPONDENTS: 1 THE AUTHORISED OFFICER UNION BANK OF INDIA, ALUVA BRANCH, ERNAKULAM, PIN - 683101 2025:KER:29173 W.P.(C). No.20337 of 2024 -:2:- 2 THE BRANCH MANAGER UNION BANK OF INDIA, ALUVA BRANCH, ERNAKULAM, PIN - 683101 3 UNION BANK OF INDIA UNION BANK BHAVAN, 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI,REP BY ITS CHAIRMAN, PIN - 400021 4 THE GENERAL MANAGER RESERVE BANK OF INDIA BAKERY JUNCTION P.B NO.6507 THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. ASP.KURUP SADCHITH.P.KURUP(K/1419/2002) C.P.ANIL RAJ(K/872/2007) SIVA SURESH(K/2688/2022) B.SREEDEVI(K/169/2024) ATHIRA VIJAYAN(K/199/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29173 W.P.(C). No.20337 of 2024 -:3:- BECHU KURIAN THOMAS, J. -------------------------------------- W.P.(C). No.20337 of 2024 -------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT Petitioners seek for a direction to release the title deeds of the first petitioner’s husband that were mortgaged with the Union Bank of India, Aluva Branch. 2. The husband of the first petitioner had availed five loans from the 2nd respondent prior to 2010. The loans/credit facilities were granted on the basis of equitable mortgages and deposit of four title deeds with the 2nd respondent is acknowledged by Exhibit-P4. Subsequently, the first borrower died on 20.10.2011, as is noticed from Exhibit-P5 death certificate, and he is succeeded by petitioners who are the legal heirs, which is also certified by the legal heirship certificate as per Exhibit-P6. 3. After closure of the loan on 19.04.2014, the title deeds were not returned to the petitioners, and therefore, by communication dated 27.02.2024, petitioners requested to release the original title deeds kept as security with the bank. In fact, the bank has acknowledged that the title deeds are with them, as noticed from Exhibit-P7. In the meantime, petitioners’ request for release of title 2025:KER:29173 W.P.(C). No.20337 of 2024 -:4:- deeds retained by the bank were not being considered, as the bank demanded two sureties to be furnished, that too for an amount double the value of the property involved in the title deed. It is at this juncture that the petitioners have approached this Court under Article 226 of the Constitution of India. 4. A counter affidavit has been filed by the respondents wherein they acknowledge the retention of the documents and also express their willingness to release them on compliance of the formalities required as per the policy of the bank. It is stated that since the owner of the property has expired, petitioners, who are the legal heirs, have to furnish a credit report of two sureties equal to or greater than the value of the property. As per the valuation report, the property is valued at 319.6 lakhs. Since the petitioners have not submitted any credit report of sureties, the bank has not returned the documents. 5. I have heard Sri. Praveen K. Joy, the learned counsel for the petitioners and Sri. A. S. P. Kurup, the learned Standing Counsel for the respondent bank. 6. Concededly, the documents of title of the borrowers are retained by the bank, while the loan account has been closed. First petitioner was also one of the borrowers, she is the wife and one of the legal heirs of the owner of property in the title deed. As per the legal 2025:KER:29173 W.P.(C). No.20337 of 2024 -:5:- heirship certificate produced, petitioners are the legal heirs of Sri. Joseph Francis, who was the owner of the property, and there is no dispute on their right to succeed to the property of the original borrower. 7. As per the circular of the Reserve Bank of India dated 13.09.2023, the documents of title are liable to be released within 30 days of closure of the loan. Since there is no dispute that petitioners are the legal heirs, the bank ought to have, in all fairness, and in compliance with the lender’s obligation and returned the documents of title without any condition after obtaining appropriate acknowledgment. The requirement of furnishing a credit report of the sureties, that too worth the value of the property, cannot legally justifiable or be insisted in the instant case, since there is no dispute regarding the legal heirs and also since by Exhibit-P4 it is certified that petitioners are the legal heirs. 8. Having regard to the above circumstance, there will be a direction to respondents 1 and 2 to release the documents of title mortgaged as per Exhibit-P4 and acknowledged in Exhibit-P7 to the petitioners immediately without insisting on any condition of furnishing sureties credit report. The needful shall be done, as expeditiously as possible, at any rate, within a period of ten days from the date of receipt of a copy of the judgment. The petitioners shall, while collecting 2025:KER:29173 W.P.(C). No.20337 of 2024 -:6:- the documents of title, furnish their address along with copy of any reliable identity card containing such addresses. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS JUDGE jka/04.04.25. 2025:KER:29173 W.P.(C). No.20337 of 2024 -:7:- APPENDIX OF WP(C) 20337/2024 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTO OF SANCTION/RENEWAL OF CREDIT FACILITY DATED 02.04.2007 OF UNION BANK OF INDIA Exhibit P2 TRUE COPY OF THE PHOTO OF SANCTION/RENEWAL OF CREDIT FACILITY DATED 18.02.2008 OF UNION BANK OF INDIA Exhibit P3 TRUE COPY OF THE PHOTO OF SANCTION/RENEWAL OF CREDIT FACILITY DATED 02.07.2008 OF UNION BANK OF INDIA Exhibit P4 TRUE COPY OF THE TITLE DEED DEPOSIT LIST OF UNION BANK OF INDIA DATED NIL Exhibit P5 PRODUCING TRUE COPY OF THE DEATH CERTIFICATE ISSUED ON 27.10.2011 BY REGISTRAR OF BIRTH AND DEATH, MUNCIPAL OFFICE ANAGAMALLY Exhibit P6 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 20.03.2013 OF TAHSAILDAR ALUVA Exhibit P7 TRUE COPY OF THE LETTER DATED 22.09.2022 ISSUED BY 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE REQUEST DATED 27.02.2024 TO THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE REQUEST DATED 05.03.2024 TO THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 07.03.2024 Exhibit P11 TRUE COPY OF THE E-MAIL DATED 07.03.2024 TO THE 2ND RESPONDENT 2025:KER:29173 W.P.(C). No.20337 of 2024 -:8:- Exhibit P12 TRUE COPY OF THE CIRCULAR OF RESERVE BANK OF INDIA ON XBRL RETURNS- HARMONIZATION OF BANKING STATISTICS DATED 04.01.2018 RESPONDENT EXHIBITS EXHIBIT R1A TRUE COPY OF THE POLICY ON SETTLEMENT OF DEATH CLAIM DATED 21.3.2024 ISSUED BY THE BANK